The criterion for selecting the Ja‘farī madhhab
The other question which is posed here is: What is the criterion for recognizing the Ja‘farī madhhab from among the Muslim schools of jurisprudence as the source for codifying the laws and regulations of the country?
The answer is clear and that is because the vast majority of the Iranians are Muslims who believe in the Ja‘farī school of jurisprudence and think it can define their individual and social duties. As such, it is clear that declaring the Ja‘farī madhhab to be the official madhhab of the country as stated in the Constitution of the Islamic Republic of Iran is not unusual and it is congruent with all logical and legal standards.
The status of the other Muslim schools of thought and the respect shown to them
The Constitution of the Islamic Republic of Iran which recognizes the Ja‘farī madhhab as the official madhhab, respects other madhāhib such as Shāfi‘ī, Ḥanbalī, Ḥanafī, Mālikī, and Zaydī. As a matter of fact, the followers of these madhāhib can follow the fiqh of their respective madhāhib in:
- The performance of religious rites;
- Religious training and education;
- Carrying out personal activities; and
- Specific religious activities such as marriage, divorce, inheritance, last will and testament, etc.
In addition to this, in the region where the majority of the inhabitants belong to any of the aforementioned madhāhib, the local regulations prescribed by local councils are compatible with that particular madhhab and the rights of followers of other madhāhib are also observed.
In order to elaborate on this issue, we cite Article 12, Chapter 1 of the Constitution of the Islamic Republic of Iran:
The official religion of Iran is Islam while the official madhhab is Shī‘ah Ithnā ‘Asharī (Twelver Shī‘ah), and this principle is unalterable and the other Islamic schools of thought such as Ḥanafī, Shāfi‘ī, Mālikī, Ḥanbalī, and Zaydī are completely respected and the followers of these madhāhib are free to follow their madhāhib in such areas like religious rites, religious training and education, personal affairs like marriage, divorce, inheritance, and last will and testament, or in relevant legal cases. In every region where the followers of any of these madhāhib are in majority, the local regulations local councils codify are to be compatible with that particular madhhab and the rights of followers of other madhāhib be preserved.
This article in the Constitution of the Islamic Republic of Iran is a clear testimony to its respect for all Islamic schools of thought.
